Sali v SPC Limited

This case concerned an appeal to the High Court of Australia by the appellant, Sali, against a decision of the Full Court. The dispute arose from orders made by the Full Court which the appellant contended resulted in substantial injustice, including the deprivation of his right to appeal and the likelihood of his bankruptcy. The appellant argued that these orders could only have been made due to the Full Court failing to exercise its discretion properly.

The legal issues before the High Court were twofold. Firstly, whether the Full Court had erred in the exercise of its discretion, leading to substantial injustice for the appellant. Secondly, the appellant challenged the Full Court's decision on more traditional grounds for reviewing discretionary power, alleging that the court acted on mistaken facts, facts that were not proven or open to be considered, and irrelevant considerations.

The appellant's argument was based on several key background facts. The appeal was initially expected to be heard no earlier than February 1993, and senior counsel had been retained. However, on or about Friday, 13 November, the appellant's solicitors were informed that the appeal might be listed for 30 November. Subsequently, around 18 November, the solicitors were advised that their request to refix the appeal date, due to the unavailability of the originally retained counsel, would not be granted. This refusal occurred despite the change in the anticipated hearing date and the counsel's prior commitment.